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(영문) 서울행정법원 2018.08.31 2016구합63224
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

From May 10, 1965 to June 10, 1975, the networkF (hereinafter referred to as “the deceased”) served as “other luminous sources and Quarryings”. From around November 201, 2013 to around February 27, 2014, the pneumoconiosis precision diagnosis conducted by G Hospital approved the medical care with pneumoconiosis symptoms, and died on November 22, 2015.

The Plaintiffs, who are the deceased’s children, claimed for the payment of bereaved family’s benefits and funeral expenses to the Defendant on the ground that the deceased’s death constitutes occupational accidents. However, on February 19, 2016, the Defendant rendered a decision on site pay (hereinafter “instant disposition”) on the ground that it does not constitute occupational accidents as the deceased died due to aggravation of the waste concentration that occurred without regard to pneumoconiosis.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 5, 6, and Eul evidence Nos. 2, and the purport of the entire argument as to whether the disposition of this case is legitimate or not the disposition of this case occurred due to the work of luminous sources and Quarrying, and the death of the deceased due to the occurrence of pulmonary convergence or the rapid aggravation of the natural progress. Thus, the disposition of this case denying the death of the deceased constitutes an occupational accident is unlawful even though the death of the deceased constitutes an occupational accident.

It is as shown in the attached Form of the relevant statutes.

Facts of recognition

From July 24, 2006 to July 24, 2006, the disability grade of the deceased’s intensive diagnosis of pneumoconiosis-type pneumoconiosis-type cardiopulmonary disease-type diagnosis institution.

7. On May 6, 2008, G Hospital 1/0 F0 (normal) G Hospital 1/29, 13, 208, Mabio pulmonary Tuberculosis 13

5. 10. G Hospital 1/0 (normal) t t t t t t t t t l t l l l l l l l l l 2, 20 June 20, 201

6. As a result of the examination of the 24. G Hospital 1/0 Mabbb, Pt 13 from November 25, 2013 to November 27, 2011, G Hospital 1/00 F1 lab’s lab’s lab’s pulmonary tuberculosis, Pt 7’s lab’s pulmonary function of the deceased, the level of interference with the FVC 1’s laf’s labic labiopic ladulum lab, FEV1/FCV’s labiopic lapidum at the inspection time, on June 22, 2011, 88% of G Hospital 102% at the 112% normal 112% of G hospital 71% 550% of G hospital lab’s lab’s lab’s lab’s lab.

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